The acquisition can be upheld if it is for a public purpose and the procedure as required under the Act has been followed.

( 1 ) W. A. No. 1535 of 2004 is filed by P. Rajappa alias B P. Rajappa against the common order dated 28-1-2004 passed in W. P. No. 49979 of 2003 and connected matters, wherein the learned Single Judge after considering the objections and the material on record by an elaborate order dismissed the writ petitions and has not interfered with the acquisition proceedings and notifications dated 10-12-2001 and 23-10- 2003. The petitioners in other writ petitions claiming to he the owners of respective survey numbers have also challenged the order of the learned single Judge. W. A. Nos. 1595 and 1596 of 2004 have been filed by P. Narayanappa and B. N. Somashekar Reddy, the petitioners in W. P. Nos. 51126 and 51127 of 2003 respectively; W. A. No. 1597 of 2004 has been filed by K. Jamuna, the petitioner in W. P. No. 51548 of 2003; W. A. Nos. 1598 and 1599 of 2004 has been filed by Sardar, the petitioner in W. P. Nos. 49270 and 49499 of 2003; W. A. Nos. 1600 and 1601 of 2004 have been filed by babjan, the petitioner in W. P. Nos. 49272 and 49498 of 2003; W. A. Nos. 1602 to 1604 of 2004 have been filed by Ramachandra S. , Subramani S. and Ashok Kumar S. , the petitioners in W. P. Nos. 49628 to 49630 of 2003 and W. A. No. 1605 of 2004 has been filed by B. N. Sadashiva reddy, the petitioner in W. P. Nos. 48918 of 2003. These appeals are filed against the common order dated 28-1-2004 passed by the learned Single judge in W. P. No. 49979 of 2003 and connected matters.

( 2 ) ON 15-3-2004, this Court issued notice to respondents 1 to 3 returnable by 31-3-2004; Mr. Udaya Holla, the learned Counsel appeared for caveator-respondent 9 and this Court granted stay of dispossession till 6th April, 2004. On 31-3-2004, as per the memo, respondents 6, 8 and 9 were deleted at the appellants' risk and the matter was posted on 1-4-2004. The caveator-respondent 9 has filed its objections in writ appeals also.

( 3 ) THE facts and controversy involved in these appeals, which arise out of common order of the learned Single Judge, are same and identical. As agreed by the parties, the writ appeals were finally heard at admission stage on 1-4-2004. For the sake of convenience, we take up the facts stated in W. A. No. 1535 of 2004.

( 4 ) IN the instant case, the appellant-petitioner, claiming to be the owner of land in Sy. No. 9/5 measuring 4 acres 22 guntas, had challenged the notification dated 10-12-2001 (Annexure-A to the writ petition) issued by the 1st respondent under Section 3 (1) of the karnataka Industrial Areas Development Act, 1966 (Kamataka Act 18 of 1966) (for short, 'the Act' ). By the said notification, the 1st respondent declared the area wherein the appellant-petitioner's land was situated as "industrial Area". Simultaneously, the 1st respondent issued a notification Annexure-C, dated 10-12-2001, under Section 28 (1) of the act proposing to acquire 1. 10. 30 acres of land. However, a Final notification dated 23-10-2003 was made under Section 28 (4) of the Act restricting the acquisition to the extent of 106 acres 12th guntas.

( 5 ) THE learned Single Judge after considering the material on record and the arguments held that the acquisition is for Information technology Park, which is an Industrial infra structural facility as defined under the Act and the acquisition is for a public purpose. The learned Single Judge repelled the argument that the real purpose is not notified in the preliminary notification and also the argument that acquisition is nothing but fraud and colourable exercise of power. The learned Single Judge observed that deletion of land in Sy. No. 9/4 is by mistake, later it has been included and the notification cannot be vitiated on that ground. The learned Single Judge also observed that the acquisition has been made with an absolute control and not with a view to benefit Vikas Telecom Limited. In this way, interest of the State has been safeguarded. The learned Single Judge has taken note of the proceedings